Senate Bill 26-061 Introduced

A Bill for an Act

• Page 1, Line 101Concerning a change to legal notice publication

• Page 1, Line 102requirements for a county without a requisite legal

• Page 1, Line 103newspaper.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Current law requires a county to publish a legal notice or advertisement (notice) in a legal newspaper that satisfies certain requirements, including a publication period requirement (legal newspaper). If a legal newspaper does not exist in a county, the county is permitted to use certain alternatives. The bill removes the publication period requirement for a newspaper to be considered a legal newspaper. The bill also expands and clarifies the alternatives for a county to publish a notice when the county does not have a legal newspaper.

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-70-103, amend

• Page 2, Line 3(1) and (3) as follows:

• Page 2, Line 424-70-103.  Requisites of legal newspaper.

• Page 2, Line 5(1)  Any and every legal notice or advertisement shall be published

• Page 2, Line 6only in a daily, a triweekly, a semiweekly, or a weekly newspaper of

• Page 2, Line 7general circulation and printed or published in whole or in part in the

• Page 2, Line 8county in which such notice or advertisement is required to be published,

• Page 2, Line 9except as provided in this section. The newspaper, if published triweekly,

• Page 2, Line 10semiweekly, or weekly, shall have been so published in such county,

• Page 2, Line 11except as provided in this section, continuously and uninterruptedly

• Page 2, Line 12during the period of at least fifty-two consecutive weeks next prior to the

• Page 2, Line 13first issue thereof containing any such notice or advertisement; and the

• Page 2, Line 14newspaper, if published daily, shall have been so published in such

• Page 2, Line 15county, uninterruptedly and continuously, during the period of at least six

• Page 2, Line 16months next prior to the first issue thereof containing any such notice or

• Page 2, Line 17advertisement. In the case of a municipality having territory in two

• Page 2, Line 18counties, each of which counties has one or more legal newspapers within

• Page 2, Line 19the municipality, the publication by such municipality of its legal notices

• Page 2, Line 20and advertisements in one of such newspapers shall be construed as valid

• Page 2, Line 21publication under this part 1.

• Page 2, Line 22(3)  If in any county in this state no newspaper has been published

• Page 2, Line 23for the prescribed period at the time when any such notice or

• Page 2, Line 24advertisement is required to be published or if there is no newspaper

• Page 3, Line 1published therein, such notice or advertisement may be published in any

• Page 3, Line 2newspaper published in whole or in part in an adjoining county and

• Page 3, Line 3having a general circulation in whole or in part in said county having no

• Page 3, Line 4newspaper published therein. If there is no newspaper in any adjoining

• Page 3, Line 5county that has been published for the prescribed period at the time when

• Page 3, Line 6any such notice or advertisement is required to be published, a required

• Page 3, Line 7notice or advertisement may be published in a newspaper having general

• Page 3, Line 8circulation within the county. If a county cannot publish a notice or

• Page 3, Line 9advertisement in the manner required by subsection (1) of this

• Page 3, Line 10section, the county may publish the notice as follows:

• Page 3, Line 11(a)  If no newspaper that satisfies the requirements for a

• Page 3, Line 12legal publication as specified in section 24-70-102 is published

• Page 3, Line 13within a county, the county may publish the notice or

• Page 3, Line 14advertisement in a newspaper that provides local news and

• Page 3, Line 15would otherwise satisfy the requirements to be admitted to the

• Page 3, Line 16United States mails with periodicals mailing privileges but for

• Page 3, Line 17the absence of paid circulation that is published or distributed

• Page 3, Line 18within the county.

• Page 3, Line 19(b) (I)  If a county cannot publish a notice or

• Page 3, Line 20advertisement pursuant to subsection (3)(a) of this section, the

• Page 3, Line 21county may publish the notice or advertisement in a newspaper

• Page 3, Line 22that satisfies the requirements for a legal publication as

• Page 3, Line 23specified in section 24-70-102 that is published in an adjoining

• Page 3, Line 24county and that has general circulation in the county.

• Page 3, Line 25(II)  If no newspaper that satisfies the requirements for a

• Page 3, Line 26legal publication as specified in section 24-70-102 exists in any

• Page 3, Line 27adjoining county, the county may publish the notice or

• Page 4, Line 1advertisment in a newspaper that provides local news and would

• Page 4, Line 2otherwise satisfy the requirements to be admitted to the United

• Page 4, Line 3States mails with periodicals mailing privileges but for the

• Page 4, Line 4absence of paid circulation that is published in an adjoining

• Page 4, Line 5county and that has general circulation in the county.

• Page 4, Line 6(c)  If a notice or advertisement cannot be published

• Page 4, Line 7pursuant subsection (3)(a) or (3)(b) of this section, the county

• Page 4, Line 8may publish the notice or advertisement in a newspaper that

• Page 4, Line 9satisfies the requirements for a legal publication as specified in

• Page 4, Line 10section 24-70-102, selected with primary consideration given to

• Page 4, Line 11geographic proximity.

• Page 4, Line 12(d)  If a notice or advertisement cannot be published

• Page 4, Line 13pursuant to subsection (3)(a), (3)(b), or (3)(c) of this section, the

• Page 4, Line 14county may publish the notice or advertisement in a newspaper

• Page 4, Line 15within the county without regard to the publication period

• Page 4, Line 16requirement in subsection (1) of this section.

• Page 4, Line 17SECTION 2.  Act subject to petition - effective date. This act

• Page 4, Line 18takes effect at 12:01 a.m. on the day following the expiration of the

• Page 4, Line 19ninety-day period after final adjournment of the general assembly (August

• Page 4, Line 2012, 2026, if adjournment sine die is on May 13, 2026); except that, if a

• Page 4, Line 21referendum petition is filed pursuant to section 1 (3) of article V of the

• Page 4, Line 22state constitution against this act or an item, section, or part of this act

• Page 4, Line 23within such period, then the act, item, section, or part will not take effect

• Page 4, Line 24unless approved by the people at the general election to be held in

• Page 4, Line 25November 2026 and, in such case, will take effect on the date of the

• Page 4, Line 26official declaration of the vote thereon by the governor.